Re: Correspondence to the FCC re: preemption of local government as a source of regulation

[Jay Ashworth <jra () baylink com>]

For the record, Eric, I'm certain that states can preempt municipalities. The question is can FCC preempt States?
- jra


On July 24, 2014 5:18:26 PM EDT, Eric Brunner-Williams <brunner () nic-naa net> wrote:
> For those interested, first in my morning's inbox is a letter from 
> Oregon State Senator Bruce Starr (R-15, Hillsboro), and Nevada State 
> Senator Debbie Smith (D-13), President and President-elect, 
> respectively, of the National Conference of State Legislatures to FCC 
> Chairman Thomas Wheeler, expressing their firm conviction as of Tuesday
>
> of this week that states have the constitutional authority to preempt 
> municipalities in the domain of communications infrastructure.
>
> The letter is not a legal memo, so it expresses little of any use. 
> Anyone wanting a copy can probably find it on either the FCC or the
> NCSL 
> websites.
>
> Next is "by hand" of today from Jim Baller, retained by the Electrical 
> Power Board of the City of Chatanooga, to the FCC. It is a 64pp legal 
> memo constituting a "Petition for Removal of Barriers to Broadband 
> Investment and Competition", that is, an argument that Section 706 of 
> the Telecommunication Act of 1996 takes precedence over Tenn. Code Ann.
>
> § 7-52-601 ("Section 601").
>
> Here is the link:
> https://www.epb.net/downloads/legal/EPB-FCCPetition.pdf
>
> I expect the second correspondence will make more interesting reading.
>
> Eric

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